BVA9507147 DOCKET NO. 93-11 839 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Atlanta, Georgia THE ISSUES 1. Entitlement to postoperative residuals of Fournier's gangrene, currently evaluated as 30 percent disabling. 2. Entitlement to an increased disability rating for degenerative disc disease and spondylosis of the lumber spine, currently evaluated as 40 percent disabling. REPRESENTATION Appellant represented by: Georgia Department of Veterans Service WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Darryl A. Joe, Associate Counsel INTRODUCTION The veteran had verified active military service from March 1962 to June 1976. He apparently also served during a previous period of active duty from August 1952 until an unverified ending date. This matter comes before the Board of Veterans' Appeals (the Board) on appeal from a rating decision of November 1991 by the Atlanta, Georgia Regional Office (RO) of the Department of Veterans Affairs (VA), which denied increased disability ratings for the veteran's service-connected postoperative residuals of Fournier's gangrene and low back disorder. The veteran appeared and presented testimony at a hearing on appeal, before a VA hearing officer, in June 1992. By rating action in December 1992, the RO established service connection for atrophy of both testicles, secondary to residuals of Fournier's gangrene, and assigned a 20 percent rating for that disability under 38 C.F.R. Part 4, Code 7523 (1993). REMAND The disability evaluation currently assigned for the veteran's service-connected residuals of Fournier's gangrene is based upon the extent of the resultant scarring. In reviewing the current record, the Board finds that the actual extent of the scarring is somewhat unclear from the various examination reports on file. In this regard, we note that the June 1991 examination report describes two areas of scarring over the lower quadrants of the abdomen near the inguinal folds. The July 1992 examination report describes a 17" x 14" x 21" area of scarring crossing the abdomen diagonally. However, the report also indicates significant donor site scarring, and earlier examination reports note donor site scarring extending into the left thigh. It thus appears that there are several areas of scarring involving both the area originally affected by Fournier's gangrene as well as one or more donors sites from which skin was taken for engrafting onto the affected area. It is not clear that the complete area or areas of residual scarring attributable to the Fournier's gangrene has been fully described for the record and considered in the evaluation of the service-connected disability. To ensure that the VA has met its duty to assist the veteran in developing the facts pertinent to the claim, the Board finds that additional examination should be undertaken to evaluate the veteran's service-connected disabilities. Accordingly, the case is REMANDED to the RO for the following actions: 1. The veteran should be given the opportunity to identify any recent medical treatment, VA or private, for the service- connected disabilities at issue. If such treatment is identified, appropriate action should be taken to obtain pertinent records. 2. The veteran should be afforded a special VA dermatology or surgical examination for the purpose of evaluating the nature and extent of the residual scarring attributable to his service- connected Fournier's gangrene. The full extent of the area(s) of scarring including any areas of related donor site scarring should be completely described, along with all clinical manifestations. Measurements of the size of the area or areas of scarring should be recorded as precisely as possible, and should include an assessment of the area of the scarring in square inches. The claims folder should be made available to the examiner for review before the examination. 3. The veteran should also be afforded a VA orthopedic examination to evaluate the current status of his service-connected degenerative disc disease and spondylosis of the lumbar spine. All indicated special studies or tests should be performed. The claims folder should be made available to the examiner for review prior to the examination. 4. After the development requested above has been completed, the RO should again review the record. If the determination regarding either issue is adverse to the veteran, he and his representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The veteran need take no action unless otherwise notified. D. C. SPICKLER Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Veterans Appeals. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (1994).